Why Your Silence When Arrested Can Be Used Against You

On Monday, in a 5-4 ruling in Salinas v. Texas, the conservative members of the Supreme Court, along with Justice Anthony Kennedy, decided that if you're arrested and remain silent before police read you your Miranda rights, that silence can and will be held against you.

The Atlantic explains what that means, and why it's a pretty big deal for criminal justice:

Basically, if you're ever in any trouble with police (no, we don't condone breaking laws) and want to keep your mouth shut, you will need to announce that you're invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut. "Petitioner's Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer's question," reads the opinion from Justice Samuel Alito, which Justice Kennedy and Chief Justice John Roberts backed. Justices Thomas and Scalia had a concurring opinion while the remaining four Supremes dissented.

The Salinas case revolves around Genovevo Salinas, a man who was convicted of a 1992 murder of two brothers. Salinas was brought in for police questioning in January 1993. According to the dissenting opinion of Justice Breyer, he was called in to "to take photographs and to clear him as [a]suspect" and Salinas was questioned without being read his Miranda rights…

It all seems ridiculously terrifying, this idea that in order to claim your Fifth Amendment, you now need to know how to call the on-the-fly legal equivalent of "safesies." Your right to remain silent just got more complicated, and it will require potential criminals to be more informed about their protections and the linguistic details on how to invoke them.